Chapter 21.10
GENERAL PROVISIONS
Sections:
21.10.010 Purpose.
This title shall be known as the “subdivision ordinance of the city of Oak Harbor, Washington.” The purpose of this title is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with the standards established by the state in Chapter 58.17 RCW as now or hereafter amended and the city and to:
(1) Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Oak Harbor zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW;
(2) Promote safe and convenient traffic circulation;
(3) Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements;
(4) Provide for proper ingress and egress;
(5) Adequately provide for the housing and commercial needs of the citizens of the state and city;
(6) Require uniform monumenting of land divisions and conveyance by accurate legal description;
(7) Provide for convenient and safe pedestrian and bicycle movement;
(8) Promote the integration of new residential neighborhoods with developed areas of the community;
(9) Require, where feasible, environmentally sound low impact development techniques to manage stormwater;
(10) Facilitate development that is aesthetically appealing and appropriate for the community; and
(11) Implement the goals, objectives and policies of the Oak Harbor comprehensive plan. (Ord. 1784 § 81, 2016; Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).
21.10.020 Applicability.
(1) The provisions of this title shall apply to all division of land within the corporate limits of the city of Oak Harbor except as expressly stated in this title.
(2) Division of land into nine or less lots shall be in compliance with the regulations and standards governing short subdivision set out in Chapter 21.70 OHMC unless the binding site plan procedures of Chapter 21.80 OHMC are being followed. Division of land into 10 or more lots shall comply with regulations and standards pertaining to subdivisions contained herein and must follow the preliminary and final procedures hereafter set forth or, if applicable, binding site plan processes.
(3) Sale of land is prohibited unless it is a duly platted parcel of land or lot or is a tract of record prior to September 16, 1980, or is a parcel of land approved under the short subdivision provisions.
(4) The provisions of this title shall not apply to:
(a) Cemeteries and other burial plats while used for that purpose;
(b) Divisions of land into lots or tracts each of which is one one-hundred-twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land;
(c) Divisions made by testamentary provisions, or the laws of descent;
(d) Divisions of land into lots or tracts classified for industrial or commercial use when the city council has approved a binding site plan for the use of the land in accordance with Chapter 21.80 OHMC;
(e) A division for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed upon the land when the city council has approved a binding site plan for the use of the land in accordance with Chapter 21.80 OHMC;
(f) A division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum lot size requirements for width and area as specified in the underlying zoning;
(g) Divisions of land into lots or tracts if:
(i) Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
(ii) The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;
(iii) The city council has approved the binding site plan for all such land; or
(iv) Such approved binding site plan is recorded in Island County;
(h) A division for the purpose of leasing land for facilities providing personal wireless services, as defined in RCW 58.17.040, while used for that purpose; or
(i) A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as defined in Chapter 58.17 RCW. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the Oak Harbor Municipal Code. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers.
(5) Land which the hearing examiner may find to be unsuitable or inappropriate for subdivision due to flooding, inadequate drainage, excessive slope, rock formations, high ground water, land waterward of the ordinary high water mark or other features likely to be harmful to the safety and general health and welfare of the future residents shall not be subdivided unless adequate corrective methods are provided and approved by the hearing examiner. (Ord. 1959 § 3, 2022; Ord. 1904 § 12, 2020; Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).
21.10.030 Administration.
The director of development services, referred to in this title as “director,” is delegated and assigned the administrative and coordinating responsibilities contained in this title pursuant to Chapter 58.17 RCW. All applications for land division approval under this title shall be submitted to the development services department. In cases where an environmental impact statement is required under the provisions of the State Environmental Policy Act (SEPA, Chapter 43.21C RCW), the department shall not be considered to be in receipt of an application, for the purpose of complying with time limitations established by this title, until the date of issuance of a final environmental impact statement. (Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).
21.10.040 City standards.
In addition to compliance with this title, all subdivisions shall adhere to all applicable adopted city standards and regulations including, but not limited to, the comprehensive plan, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, and the street and utility standards of the city, which are on file with the city clerk. (Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).
21.10.050 Consent to access.
Persons applying for land division or lot line adjustment approval under this title shall permit free access to the land subject to the application to all agencies considering the proposal for the period of time extending from the time of application to the time of final action. (Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).
21.10.060 Monuments.
Brass monuments in cases shall be set at controlling corners of the subdivision, at all points where the street lines intersect the exterior boundaries of the subdivision, at controlling corners and points of curvature in each street, and at all street intersections. All surveys shall be of third order accuracy. The use of state plane coordinates is required.
All other lot corners shall be marked with a permanent suitable metal marker not less than three-eighths inch in diameter and 18 inches long and driven flush with the finished grade. (Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).
21.10.070 Definitions.
Words used in the present tense shall include the future tense; the future tense shall include the present tense. The singular shall include the plural; the plural shall include the singular. The words “may” and “should” are permissive; “shall” is mandatory.
(1) “Alley” means a public or private right-of-way, a minimum of 20 feet in width, which affords a secondary access to abutting property.
(2) “Block” means a group of lots, tracts, or parcels surrounded by public rights-of-way or easements for pedestrian/bike travel.
(3) “Block length” means the perimeter distance around a block, divided by two.
(4) “Binding site plan” means a drawing to a scale specified by Chapter 21.80 OHMC which:
(a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city; and
(c) Contains provisions requiring development to be in conformity with the site plan.
(5) “Building” means any structure used or intended for supporting or sheltering a continuous use.
(6) “Building setback line” means a line parallel to the front property line in front of which no structure shall be erected. The location of such line shall be determined from the regulations of the zoning ordinance of the city.
(7) “City” means the city of Oak Harbor.
(8) “City engineer” means the duly appointed engineer for the city.
(9) “City finance director” means the duly appointed treasurer and finance director for the city.
(10) “Comprehensive plan” means the coordinated land use policy statement of the city adopted pursuant to RCW 36.70A.030(4).
(11) “Controlling corner” means all angle points of the perimeter of a subdivision or separate divisions of a subdivision.
(12) “County assessor” means the duly elected county assessor for the county.
(13) “County auditor” means the duly elected county auditor for the county.
(14) “County engineer” means the duly appointed county engineer for the county.
(15) “County treasurer” means the duly elected county treasurer for the county.
(16) “Dedication” means the deliberate appropriation of land by an owner for any general and public use, reserving to him/her no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final or short plat showing the dedication thereon and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city.
(17) “Director” means the duly appointed director of development services for the city.
(18) “Engineer” means a registered professional engineer licensed to practice engineering in the state of Washington.
(19) “Grid street pattern” means a street layout characterized by rectangular blocks and four-way intersections with streets meeting at right angles. This street pattern is also characterized by no or very few dead ends.
(20) “Modified grid street pattern” means a street layout characterized by rectangular blocks. This street pattern is distinguished from a grid street pattern by a mix of three-way and four-way intersections with streets meeting at right angles.
(21) “Health department” means the county department of health.
(22) “Low impact development” or “LID” means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small hydrologic controls to more closely mimic pre-development hydrologic functions.
(23) “Lot” means a fractional part of subdivided land having fixed boundaries being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include “plots” and “parcels.”
(a) “Corner lot” means a lot which abuts on two or more intersecting streets;
(b) “Interior lot” means a lot which has frontage on one street only;
(c) “Through lot” means a lot other than a corner lot abutting more than one street.
(24) “Metes and bounds” means a description of real property which starts at a known point of beginning and describes the bearings and distances of the lines forming the boundaries of the property, and is completed when the description returns to the point of beginning.
(25) “Mid-block connection” is a thoroughfare connecting two sides of a residential block, usually located near the middle of said block and intended for pedestrian and bicycle use.
(26) “Monument” means an object used to permanently mark a surveyed location. The size, shape and design of the monument is to be in accordance with standards specified by the city engineer.
(27) “Open space” means a portion of land excluding building sites and parking areas which is designated and maintained as an area for leisure, recreation and other activities normally carried on outdoors. Open space may include greenbelt and recreational areas.
(28) “Pavement width” means the actual paved surface measured from edge to edge of streets or alley road surface.
(29) “Pipe stem lot,” also called a “panhandle” lot, is defined as a parcel of land which resembles a rectangle with a lot taken out of a corner or corners leaving the remainder with considerably less width on the front lot line than the width at the rear of the parcel.
(30) “Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
(a) “Preliminary plat” means a neat and accurately scaled drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements, which shall furnish a basis for the approval or disapproval of the subdivision.
(b) “Final plat” means the final drawing of the subdivision and dedication prepared for recording with the county auditor and containing all elements and requirements in Chapter 58.17 RCW and the Oak Harbor Municipal Code.
(c) “Redivision” means a map or representation of a subdivision showing thereon the division of a tract or parcel of platted land into two or more lots, blocks, streets, and alleys or other divisions and dedications.
(d) “Short plat” means the map or representation of a short subdivision.
(31) “Plat certificate” means a title report by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided.
(32) “Right-of-way” or “R/W” means a strip of land deeded or dedicated to the city for street, utility and/or drainage purposes.
(33) “Short subdivision” means the division or redivision of land into nine or less lots, tracts, parcels, or divisions for the purpose of sale or lease.
(34) “Stormwater Management Manual” or “manual” means the 2019 Stormwater Management Manual for Western Washington, issued by the Washington Department of Ecology.
(35) “Street” means a dedicated and accepted public right-of-way for vehicular traffic. The word “street” includes the words “road,” “drive,” “boulevard” or “way.”
(a) Arterial street” means an existing or proposed roadway designated as a “principal” or “minor” arterial within the transportation element of the comprehensive plan.
(b) “Collector street” means an existing or proposed roadway designated as a “collector” or “collector, industrial” in the transportation element of the comprehensive plan.
(c) “Cul-de-sac” means a turnaround at the termination of a dead-end street designed in such a manner as to provide for the safe and convenient reversal of traffic movement.
(d) “Dead-end street” means a local street whose continuation is not required by the city for access to adjoining properties. For the purposes of this title, eyebrow or crescent turnarounds are not considered to be dead ends.
(e) “Local or minor access street” means a street providing vehicular access to abutting properties.
(f) “Private street” means a privately owned right-of-way which provides access for up to nine residential units and meets the requirements of this title.
(g) “Shared drive” means a privately owned right-of-way for vehicular access for a maximum of four residential units and meets the requirements of this title.
(36) “Street and utility standards of the city” shall consist of the requirements contained in the standard drawings and documents as specified by the city engineer which are on file with the city clerk.
(37) “Subdivider” means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision.
(38) “Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and includes all resubdivision of land.
(39) “Surveyor” means a registered professional land surveyor licensed to practice surveying in the state of Washington.
(40) “Tract” is a nonbuildable unit of land created by a subdivision, short subdivision, deed, or other instrument recorded with the appropriate county recorder. Tracts are usually held in common by the owners of an organization, such as a homeowners’ association, for common benefit and are not required to meet minimum lot size and dimensional requirements of the applicable zone. (Ord. 1945 § 4, 2022; Ord. 1904 § 13, 2020; Ord. 1784 § 82, 2016; Ord. 1617 § 1, 2011; Ord. 1568 § 3, 2010).